Mr Steven John Whitaker v Commonwealth Bank of Australia
[2010] FWA 4219
•4 JUNE 2010
[2010] FWA 4219 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Steven John Whitaker
v
Commonwealth Bank of Australia
(U2010/6628)
SENIOR DEPUTY PRESIDENT CARTWRIGHT | SYDNEY, 4 JUNE 2010 |
Unfair dismissal – jurisdiction – minimum employment period – application lodged out of time.
[1] Mr Steven Whitaker lodged an application under s. 394 of the Fair Work Act 2009 (the Act) on 4 March 2010, relating to termination of his employment with the Commonwealth Bank of Australia on 1 February 2010. The application states that the date of employment was 17 August 2009.
[2] The employer raised two jurisdictional objections to the application: that it was made outside the time provided by s. 394(2) of the Act and that Mr Whitaker was not protected from unfair dismissal by operation of ss. 382 – 384 of the Act.
[3] I am satisfied on the material before me that the employment commencing on 17 August 2009 was new employment and that the minimum period of employment required by s. 382 would not expire until 16 February 2010.
[4] It is apparent from the application and Mr Whitaker’s own material that the requirements of s. 382 were not met and that he is not a person protected from unfair dismissal. Whether Fair Work Australia varies the 14 day period in s. 394 or not, there is no jurisdiction to entertain the application. It is dismissed.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR997765>
0
0
0